Ruminations by a non-academic general surgeon from the heart of the rust belt.

Friday, September 3, 2010

Making it Easier to Sue!

Rumors abound of a plan to revise the federal tax code in such a way that will benefit those poor, struggling plaintiff's attorneys. A bill introduced by Arlen Specter, currently being bandied about Congress, would allow personal injury lawyers to deduct costs accrued during the pre-trial and trial phases of a claim.

Previously, in contingency cases, attorneys would have to front the costs of a major case themselves, and then hope to recoup that investment with a jackpot jury award. This risk assumed by the personal injury lawyer acted to curb the number of frivolous lawsuits submitted. Allowing the lawyers to deduct these costs shifts the financial burden onto the federal government to some extent. Moral hazard is enjoined.

From the Washington Legal Foundation's Walter Schwartz:

If Senator Specter’s proposed modification of the Internal Revenue Code succeeds, the federal government will, for all intents and purposes, share in the cost and risk of bringing the initial litigation. Under current and certainly potential future tax laws, this could be as much as 40% of the cost of bringing litigation.

You Know what I'd like to do with America's 1.2 million Lawyers???And don't give me any of that "My Lawyer's Different" crap, My Defense Attorney charged me for 0.3 hrs at $450/hr when I just asked him who he thought would win the SEC East, he had to check the Appellate Reviews, etc etc, then he's got the nerve to hit me up for a Z-pack...You know where those Miners are trapped in Chile??? Put em There, but without the Food and Water the Miners are getting...

Subscribe

Disclaimer

1. The cases and stories described on this blog are a fictional creation of the author. Many "facts" gleaned from the author's experience as a general surgeon have been altered for instructional and literary purposes. In no way are any of the stories told on this blog non-fictional accounts of actual patients.

2. By entering this blog, you agree to acknowledge that the author does not provide any medical advice and any medical information obtained from the blog is in no way a substitute for an evaluation by real health care professional.

3. Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

4. The Site is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.

5. Courtesy is expected when you decide to post comments. Be nice. Act like a jackass and I'll have to delete you.